MICHAEL SELAK V CLOVER MANAGEMENT, INC. AND CALDWELL BUILDING LLC,
Motion No: CA 10-02139
Slip Opinion No: 2010 NY Slip Op 88173(U)
Decided on November 12, 2010
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


November 12, 2010

PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 10-02139

MICHAEL SELAK, PLAINTIFF-APPELLANT,

V

CLOVER MANAGEMENT, INC.

AND CALDWELL BUILDING LLC, DEFENDANTS-RESPONDENTS



CLOVER MANAGEMENT, INC.,

AND CALDWELL BUILDING LLC, THIRD-PARTY PLAINTIFFS,

V

INNOVATIVE MECHANICAL SERVICES, INC.,

THIRD-PARTY DEFENDANT.


Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on January 11, 2010,

Now, upon reading and filing the affirmation of Lawrence A. Schulz, Esq. dated October 21, 2010, the notice of motion with proof of service thereof, and the affirmation of John Wallace, Esq. dated October 26, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and appellant shall perfect the appeal on or before December 30, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: November 12, 2010

Patricia L. Morgan, Clerk